Ala. Admin. Code r. 335-14-11-.04
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-14-11-.04 - Standards For Universal Waste Transporters(1)Applicability. 335-14-11-.04 applies to universal waste transporters (as defined in 335-14-1-.02.(2)Prohibitions. A universal waste transporter is:(a) Prohibited from disposing of universal waste; and(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in 335-14-11-.04(5).(3)Waste management.(a) A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR Part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 335-14-3. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.(b) Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 335-14-3, they may not be described by the DOT proper shipping name "hazardous waste, (1) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word "waste".(4)Storage time limits. (a) A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less.(b) If a universal waste transporter stores universal waste for more than ten days, the transporter becomes a universal waste handler and must comply with the applicable requirements of 335-14-11-.02 or 335-14-11-.03 while storing the universal waste.(5)Response to releases. (a) A universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes.(b) A universal waste transporter must determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of 335-14-1 through 335-14-9. If the waste is determined to be a hazardous waste, the transporter is subject to 335-14-3.(6)Off-site shipments. (a) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.(b) If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR Part 172.(7)Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to requirements of 335-14-3-.09.Ala. Admin. Code r. 335-14-11-.04
New Rule: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006.Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/7/2018.Authors: Amy P. Zachry; Michael B. Jones; Lynn T. Roper; Bradley N. Curvin; Vernon H. Crockett
Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-14, 22-30-15, 22-30-16.